Spouse visa advice

[ya_dinesh]

Hi ,

Need advice on Spouse Visa.

My partner currently in UK , we will be going to marry in Jan 2020.
She is currently earning £15600/- Gross salary yearly as salaried professional.
Her company is willing to pay dividends vouchers to meet spouse visa criteria of £18600/- Gross per year.

Queries
1. Can a salary person get dividends from the employer (she only joined 1 month back). Any legal obligations ?
2. How much dividends voucher can employer pay , any limit (minimum or maximum) to make our application for spouse visa successful ?
3. Can we specify Category A , as salaried employee (including both salary and dividends) ?

Thanks
Dinesh

[CR001]

Is she a director of the company?? Dividends are paid to directors not to staff.

[ya_dinesh]

Is she a director of the company?? Dividends are paid to directors not to staff.

Hi Thanks for the update..
My partner is working as carer of child in their home. Owner is paying for full day with payslips of 15600/- PA
Owner has his company registered and he is director of the company. He suggested that if my partner has to fill , criteria , he will give dividends on top of her salary. She is just an employee.

I am confused whether to accept this offer or not.

Waiting for reply

Many thanks

[CR001]

She doesn't qualify for dividends and all it will do is complicate things as she clearly is not a director or shareholder of a company. Trying to circumvent the financial requirement in this way will almost certainly result in a refusal.

Definition of dividends.

dividend
/ˈdɪvɪdɛnd/
Learn to pronounce
noun
1.
a sum of money paid regularly (typically annually) by a company to its shareholders out of its profits (or reserves).

(a part of) the profit of a company that is paid to the people who own shares in it:

Dividends will be sent to shareholders.
More examples
In addition to their salary, employees receive a profit-related dividend.
All that extra training is paying dividends.
When you consider how much money the company made, it could have paid its shareholders a much higher dividend.
As director and principal shareholder, he receives a substantial annual dividend from the company.
Disappointing profits mean that no dividend will be paid to shareholders this year.

When dividends are involved, substantially more evidence is required for the financial aspect. Payslips and bank statements won't be sufficient.

[ya_dinesh]

Thanks Very much for the reply..

Just last confirmation , is she still eligible for her salary from the company the owner owns ?

Thanks

[CR001]

No o, her salary doesn't meet the requirement. She must meet the minimum of £18,600pa with evidence for a minimum of 6 months evidence.

[ya_dinesh]

Thanks for the great help..

She will enquire with owner , if he will pay 18600/- , then i think she will be eligible applying for her spouse visa. ?

Few more queries

1. Her BRP shows "Leave to Remain" , Is she eligible for applying spouse visa ?
2. Any link where i can find criteria for companies to be eligible to pay salary to individual employee ?

Regards
Dinesh

[CR001]

Who exactly is applying for the spouse visa, you or her?

What visa does she currently hold exactly?

What is your immigration status in the UK if you are here?

Your posts are not clear on your circumstances.

2. Any link where i can find criteria for companies to be eligible to pay salary to individual employee ?

What do mean exactly?? A company can pay you anything they want as long as it is at least the minimum wage.

[ya_dinesh]

Who exactly is applying for the spouse visa, you or her?

What visa does she currently hold exactly?

What is your immigration status in the UK if you are here?

Your posts are not clear on your circumstances.

2. Any link where i can find criteria for companies to be eligible to pay salary to individual employee ?

What do mean exactly?? A company can pay you anything they want as long as it is at least the minimum wage.

Apologize , i incorrectly presented question. Below is my query

She is in UK and BRP shows : Type of Permit : "Leave to Remain" , Remarks : "Work Permitted"
She wants to call me on spouse visa.
My question is : Is she eligible to do so , if she meet all the financial criteria ?

Thanks

[CR001]

There are many types/categories of "leave to remain". The majority say "work permitted".

What visa category does she hold??

What is her UK immigration history?

[ya_dinesh]

There are many types/categories of "leave to remain". The majority say "work permitted".

What visa category does she hold??

What is her UK immigration history?

What visa category does she hold?? :: Leave to remain Set O

What is her UK immigration history? :: She came here on student visa and then got leave to remain on 10 year route this year.

[CR001]

On what basis did she get leave to remain on the 10 year route?

How long has she been in the UK?

Is her visa valid for 2.5 years as limited leave to remain?

Set O indefinite leave to remain only applies to certain visa categories with 5 years residence. Tier 4 doesn't qualify for set O.

If her visa doesn't state "indefinite leave to remain" or "settlement", then she likely cannot sponsor you for a spouse visa.

You need to provide more detail on her UK history if you expect anyone to offer advice.

[secret.simon]

How many years has she already resided in the UK?

As regards the "dividend", perhaps her employer meant "bonus", rather than "dividend". A dividend is paid by a company to its shareholders. A bonus can be given by an employer to their employees. I think that a bonus may be acceptable to meet the salary requirement, but I am not sure that the applicant would still come under Category A. But I am not sure of the above. Wait for others to advise.

EDIT: Overtaken by CR001

[ya_dinesh]

On what basis did she get leave to remain on the 10 year route?

How long has she been in the UK?

Is her visa valid for 2.5 years as limited leave to remain?

Set O indefinite leave to remain only applies to certain visa categories with 5 years residence. Tier 4 doesn't qualify for set O.

If her visa doesn't state "indefinite leave to remain" or "settlement", then she likely cannot sponsor you for a spouse visa.

You need to provide more detail on her UK history if you expect anyone to offer advice.

Thanks very much for the reply..
On what basis did she get leave to remain on the 10 year route? -- Human rights grounds
How long has she been in the UK? -- since 2009
Is her visa valid for 2.5 years as limited leave to remain? -- Her visa is valid for 2.5 years and after that she will apply for extension.

Actually i was in UK till June 2018 , we met and now planning to marry .. but problem is she can't sponsor me on spouse visa.

Is there any way i can come on student or Tier 2 company transfer and we can marry in UK and live happily ?
Please guide

[CR001]

You would need to find a visa you qualify for.

She cannot sponsor you for a spouse visa.

[ya_dinesh]

Hi,

Can anyone advise what type of visa is the below

In my BRP it is written

Type of Permit : Leave to Remain (Only this is written)
Remarks : Work Permitted

Its 10 year route , of 2.5 year extensions.

Thanks

[ya_dinesh]

On what basis did she get leave to remain on the 10 year route?

How long has she been in the UK?

Is her visa valid for 2.5 years as limited leave to remain?

Set O indefinite leave to remain only applies to certain visa categories with 5 years residence. Tier 4 doesn't qualify for set O.

If her visa doesn't state "indefinite leave to remain" or "settlement", then she likely cannot sponsor you for a spouse visa.

You need to provide more detail on her UK history if you expect anyone to offer advice.

Thanks very much for the reply..
On what basis did she get leave to remain on the 10 year route? -- Human rights grounds
How long has she been in the UK? -- since 2009
Is her visa valid for 2.5 years as limited leave to remain? -- Her visa is valid for 2.5 years and after that she will apply for extension.

Actually i was in UK till June 2018 , we met and now planning to marry .. but problem is she can't sponsor me on spouse visa.

Is there any way i can come on student or Tier 2 company transfer and we can marry in UK and live happily ?
Please guide

Hi ,

Visa looks like , the below url

https://www.google.co.in/search?q=leave ... _bndhjgqM:

Type of Permit : Leave to remain

Any idea what category is this ?

Regards
Dinesh

[CR001]

It is Limited Leave to Remain and if based on Human rights, likely the 10 year route, i.e. 4 x 2.5 year visas before she can apply for ILR and sponsor you for a spouse visa.

The letter she got form HO would have told her the route and she presumably knows what form she completed!!